Today(on 20th May), The Enforcement Directorate (ED) seeks a 14-day extension of Delhi Chief Minister Arvind Kejriwal’s judicial custody in the money laundering case linked to the alleged liquor policy scam. Kejriwal, presently on interim bail, is required to surrender on June 2.
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DELHI: Today(on 20th May), The Enforcement Directorate (ED) has sought a 14-day extension of Delhi Chief Minister Arvind Kejriwal‘s judicial custody in the money laundering case related to the alleged liquor policy scam. In a significant development, Kejriwal, who is currently out on interim bail, will have to surrender on June 2. The ED’s move comes after a fresh chargesheet was filed last week, naming Kejriwal and his Aam Aadmi Party (AAP) as accused, marking the first time a sitting chief minister and a political party face money laundering charges.
Delhi’s Rouse Avenue Court previously extended Kejriwal’s judicial custody till May 20. The ED had arrested the Chief Minister from his official residence on March 21 in connection with the money laundering probe. Now, the central agency has moved an application seeking a further extension of his custody.
The ED recently filed a fresh chargesheet in the excise policy case, implicating Arvind Kejriwal and the AAP. The chargesheet, spanning 200 pages, alleges their involvement in the money laundering activities. Special Judge Kaveri Baweja will soon review the chargesheet for cognizance.
According to the Enforcement Directorate, Kejriwal is considered the “kingpin and key conspirator” of the Delhi excise “scam.” The agency further claims that he colluded with the Delhi government minister, AAP leaders, and others. The ED’s Additional Solicitor General, S V Raju, revealed that they possess direct evidence of Kejriwal staying in a seven-star hotel, with some of the bills being paid by an accused in the case.
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The ED contends that AAP can be categorized as a “company” under the Prevention of Money Laundering Act (PMLA), as it is defined as an association or a body of individual citizens of India under the Representation of the People Act. Consequently, the agency asserts that both Kejriwal and his party can be held “guilty” and prosecuted for offenses mentioned under the anti-money laundering law. The ED has filed eight charge sheets thus far and has arrested a total of 18 individuals in connection with the case.
The Enforcement Directorate has approached the Rouse Avenue Court, seeking an extension of Kejriwal’s judicial custody in the money laundering case related to the now-defunct Delhi liquor excise policy. The court has kept the application pending, and it is expected to be taken up on June 2, which is also the date when Kejriwal is directed to surrender.
On May 10, the Supreme Court granted interim bail to Arvind Kejriwal in the money laundering case. However, the court imposed certain restrictions, prohibiting the Chief Minister from visiting the Office of the Chief Minister and the Delhi Secretariat. Consequently, Kejriwal must surrender and return to jail on June 2, a day after the last phase of polling in the general elections.
According to the recently filed chargesheet by the ED, Arvind Kejriwal is considered the key conspirator who utilized his position as the Chief Minister of Delhi to facilitate the offense of money laundering. The chargesheet provides what the agency claims to be “irrefutable evidence” showing Kejriwal’s involvement in the alleged conspiracy. The ED has argued that AAP, being a political party, can be categorized as a “company” under section 70 of the PMLA.
Section 70 of the PMLA(The Prevention of Money Laundering Act)-
Offences by companies: According to the provisions of the Act, if a company commits a contravention of any of its regulations, rules, directions, or orders, both the company itself and any individual who was in charge of and responsible for the company’s business at the time of the contravention shall be deemed guilty and subject to punishment. However, an individual can avoid punishment if they can prove that they were unaware of the contravention or took all necessary precautions to prevent it. Additionally, if a contravention occurs with the consent, connivance, or neglect of any director, manager, secretary, or other officer of the company, they too shall be held accountable and liable for punishment.
Furthermore, the court has extended the judicial custody of BRS Leader K. Kavitha until June 3 in a parallel case registered by the Central Bureau of Investigation (CBI). This case is related to the alleged corruption and money laundering involved in formulating and executing the Delhi government’s excise policy for 2021-22, which was subsequently scrapped.
